The main legal point established in the judgment is the assessment of contributory negligence and the reassessment of compensation based on the income of the deceased and the nature of injuries suffered by the claimant.

SURINDER GUPTA, J.

1. The above four appeals have been taken up together as the same arise out of common award dated 14.11.2013 passed by Motor Accident Claims Tribunal, Kurukshetra (later referred to as 'the tribunal').

2. The case of the claimants, in brief, is that on 08.09.2011, Vikas Kumar along with Virender Kumar and Rajbir Singh were going from Kurukshetra to Shahbad in a Maruti Car bearing registration No.HR-51D- 4141. Vikas Kumar was driver of the car. At about 2.00 p.m., when they reached near Moga Dhaba in the area of village Sanwla, District Kurukshetra, a canter bearing registration No.PB-06J-2165 (later referred to as 'the offending vehicle')came from wrong side of the road and the driver of the canter stopped and parked it on the road in a dangerous manner without any indicator or parking light. Vikas was driving Maruti car at a normal speed and on correct left hand side of the road. His car struck against the stationary canter parked on the road, as a result of which, Vikas Kumar and Virender Kumar both received multiple serious injuries and were shifted to L.N.J.P. Hospital, Kurukshetra from where they were referred to PGI, Chandigarh. Virender Kumar was shifted to Anand Hospital, Kurukshetra, whereas Vikas Kumar was taken to PGI, Chandigarh but he succumbed to his injuries on the way. Police was informed and FIR No.287 dated 08.09.2011 for the offences punishable under Sections 279, 337 and 304-A of Indian Penal code was registered at Police Station Sadar Thanesar.

3. The tribunal awarded compensation of Rs.8,15,000/- for the death of Vikas Kumar, which was computed as follows:-

Sr. No.	Heads	Calculation
(i)	Income of the deceased	Rs.5000/- p.m.
(ii)	50% addition towards future prospects	Rs.5000 + Rs.2500=Rs.7500
(iii)	Deduction towards personal expenses 50%	Rs.7500-3750=3750 p.m. 3750X12=Rs.45000 p.a.
(iv)	Multiplier applied 18	Rs.45000X18=Rs.810000/-
(v)	Transportation and Funeral expenses	Rs.5000/-
Total		Rs.8,15,000/-

4. Claimant Virender Kumar was awarded compensation of Rs.1,07,000/-, which was computed as follows:-

Sl. No.	Heads	Calculation
(i)	Hospital expenses	Rs.34000
(ii)	Medicines	Rs.32684
(iii)	Pain and suffering	Rs.15000
(iv)	Special diet, Transportation and attendant charges	Rs.10000
(v)	Compensation for disability	Rs.40000
Total		Rs.1,31,684/- (wrongly calculated as Rs.106684 rounded off Rs.1,07,000/-.

5. Claimants Nirmala Devi and others (FAO-1730-2017) have sought enhancement of the compensation with the plea that the income of deceased Vikas as assessed by the tribunal is on lower side. Deceased was student of 6th semester of Polytechnic College, Mansa and would have got handsome salary after completion of his studies and rendered great financial help to the family. Instead of making deduction of 1/4th from the income of the deceased, the tribunal has wrongly deducted 50% on account of his personal expenses. Funeral expenses allowed as Rs.5000/- are also highly inadequate.

6. Claimant Virender Kumar (FAO-1731-2014) has sought increase in compensation with the plea that compensation allowed by the tribunal on conventional heads and medical expenses etc. are highly inadequate.

7. National Insurance Company Limited, insurer of the offending vehicle in separate appeals (FAO-506-2014 and FAO-639-2014) has challenged the conclusion drawn by the tribunal that the accident was caused due to rash and negligent driving of the driver of offending vehicle. Maruti car driven by deceased Vikas Kumar had hit a standing and stationary vehicle during mid day. The tribunal, while drawing conclusion about rash and negligent conduct of driver of offending vehicle has taken note of the fact that driver and owner of the offending vehicle had not appeared in the witness box. On this fact, no a